'(2A) An application under section 2 may not be made in respect of a freehold estate without the consent of a simple majority of the registered proprietors of the leasehold estates in the whole or part of the land granted for a term or more than 21 years.'.

'(2A) Where the conditions set out in sections 1 to 10 of the Leasehold ReformHousing and Urban Development Act 1993 (right to collective enfranchisement) as herein amended are satisfied in respect of any premises to which those sections apply, regulations made under sub-section (2) above shall make provision in respect of such premises dispensing with the consent of the persons:

(a)

mentioned in sub-section (1)(a) hereof;

(b)

mentioned in sub-section (1)(b) hereof where no more than 25 per cent. of qualifying tenants within the meaning of the said 1993 Act as amended herein refuse to consent;

(c)

mentioned in sub-sections (1)(c) and (d) hereof:

(i) insofar as the charge or the caution (as the case may be) is over the whole or part of the freehold estate in the land; and

(ii) insofar as the charge or the caution (as the case may be) is over flats held by qualifying tenants who constitute no more than 25 per cent. of the qualifying tenants of the premises.

where consent has been dispensed with under sub-section (2A)(a) hereof for the compensation of persons mentioned in sub-section (1)(a) hereof, including provisions determining who shall be obliged to pay the compensation and how and by whom the compensation is to be determined;

(b)

where consent has been dispensed with under sub-section (2A)(b) hereof for the continuation of the leases of qualifying tenants who refuse to become unit-holders of a commonhold unit; and

(c)

where consent has been dispensed with under sub-section (2A)(c) and (d) hereof for the substitution of the charge or caution of persons mentioned under sub-section (1)(c) and (d) for a charge or caution over the commonhold unit of the person.

'( ) Regulations shall provide that during the second transitional period, where units are still under construction or awaiting sale, special provisions shall apply to ensure maintenance, repair, services and insurance are maintained by the commonhold association and contributions from unit-holders and the developer are on an equitable basis.'.

floors (but not the timber or other surfaces therof or plaster or other surfaces to any ceiling below),

(c)

roof,

(d)

roads, paths and pavements, and

(e)

such other areas not forming part of the commonhold unit.'.

Mr Adrian Sanders
Sue Doughty

3

Clause 30, page 14, line 14, at end insert

'(6A) Provision in a commonhold community statement imposing a duty to pay money (whether in pursuance of subsection (5)(a) or any other provision made by or by virtue of this part) may include provision as to the payment of outstanding service charges on the sale or transfer of any commonhold unit.'.